Does anybody else pay the notary public fee according to the law?

Conchman · #1 10-16-2008, 12:44 PM

We recently signed a contract and had it notarized. Surprisingly, I got a bill from the notary public in the amount of US$2,900 where she claims the company has to pay a percentage of the contract value according to law no. 301, del Notario del 30 Junio de 1964, G.O. 7870, Capitulo IV, Articulo 67, ordinal Decimo.

As the contract was an option and no money exchanged hands, I am surprised that we have to pay this. I will check with our lawyers too but just in case they are in cahouts with the 'notary mafia' I wanted to get other opinions about this.

Has anybody else had similar situation with notary publics?

Lambada · #2 10-16-2008, 01:03 PM

I had a contract notarised recently (admittedly by a friend of the lawyer drawing up the contract who is also a friend) & it cost RD$400. The contract was the revamping of a car purchase so that I could pay the transfer taxes (previous owner had died so no possibility of doing it the 'normal' way

). The 'value' of the contract would have been the original stated price for the vehicle but there was absolutely no mention of paying a percentage of the contract value. However, this was an individual person contract, not a company one.

planner · #3 10-16-2008, 01:23 PM

I've never heard of anyone paying a notary that way. Most I have seen is equivalent of $50 US.

Conchman · #4 10-16-2008, 01:31 PM

it seems once again, we are the only ones forced to obey the law.

SosuaJoe · #5 10-16-2008, 02:16 PM

Conch: Never take legal advice on a contract or bill from the author of said contract or bill.

First up: Speak to another lawyer about this.
Second: Most decent lawyers will charge either nothing or a nominal fee for notarizing (I can't remember the last time I had to pay for notary services. Even when I insist on paying, they refuse my money. And let's be honest, you're a much better potential client than I am)
Third: Get the price before you accept services
Fourth: Post the lawyer's name so we know which lawyer it is who has decided a quick buck now is worth more than your long-term business.

Let us know how you go.

Cheers!

Joe

Fabio J. Guzman · #6 10-16-2008, 02:49 PM

There is a minimum fee by law for when the notary public drafts the contract, depending on the value involved. (Remember that in the Dominican Republic, as in continental Europe, notaries are lawyers).

There is another fee, much lower, for when the notary public just witnesses the signatures.

In both cases, Law #301 just establishes minimum fees, usually out of date because of inflation.

If what occurred in your case was a simple authentication of signatures, a $2900 fee would be outrageous. Actual fees for authentications run from $15 to $50 US.

leehall · #7 10-16-2008, 03:08 PM

Quote:

Originally Posted by Lambada

I had a contract notarised recently (admittedly by a friend of the lawyer drawing up the contract who is also a friend) & it cost RD$400.

$RDS400 !!! I keep getting overcharged for everything. I had to pay $RDS500 for a notary last week. When will I ever learn?

Conchman · #8 10-16-2008, 03:18 PM

Quote:

Originally Posted by Fabio J. Guzman

There is another fee, much lower, for when the notary public just witnesses the signatures.

Can you show me where in the law this is specified?

It seems this notary/lawyer is trying to charge me the fee as if she drafted the contract, which she didnt.

Conchman · #9 10-16-2008, 03:27 PM

Quote:

Originally Posted by SosuaJoe

Conch: Never take legal advice on a contract or bill from the author of said contract or bill.

First up: Speak to another lawyer about this.
Second: Most decent lawyers will charge either nothing or a nominal fee for notarizing (I can't remember the last time I had to pay for notary services. Even when I insist on paying, they refuse my money. And let's be honest, you're a much better potential client than I am)
Third: Get the price before you accept services
Fourth: Post the lawyer's name so we know which lawyer it is who has decided a quick buck now is worth more than your long-term business.

Let us know how you go.

Cheers!

Joe

Obviously, I am not getting advice from the person who gave me the bill. Yes I will be seeking legal counsel from another lawyer, this lady was not even our attorney - we only called her to witness the signatures and we were never charged more than a few hundred pesos before. Granted, this was a complicted contract (actually 5 of them) but she still only witnessed the signatures, nothing else.

I will post the name here as soon as I finish my little investigation.

Chip · #10 10-16-2008, 03:50 PM

Dominican notaries and lawyers for that matter are notorious for charging prices based on what they think they can get away with. this is due to your accent, looks and how wealthy you appear. I pay RD500 to a friend who is a lawyer here in Santiago but had quotes of up to RD2000 just for the simple witness of a signature.

I even had one lawyer of a friend charge me RD500 only to double the price the next time - guess who just lost out on my numerous references in the future! desgraciado!!!! abusador!!!!